Ethical, Legal, and Professional Issues in Counseling

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From two leading scholars in the field of counseling, and written specifically for the future practicing counselor, this comprehensive volume offers an in-depth examination of the counseling profession. The authors approach each professional issue in counseling from both an ethicalanda legal point-of-view, offering readers a complete, integrated exploration of all facets. Difficult issues are addressed in a straightforward manner, and practical, realistic advice is proffered through vignettes that showcase typical situations and dilemmas faced by practicing counselors.

SECTION I: FOUNDATIONS

Introduction

1

(21)

Professional Orientation

1

(5)

Morality, Ethics, Law, Professionalism, and Best Practice

2

(2)

A Model for Professional Practice

4

(2)

Professional Ethics

6

(9)

Foundations of Ethics

6

(1)

Principles and Virtues

7

(2)

Codes of Ethics

9

(3)

Ethical Decision Making

12

(2)

Power and Ethics

14

(1)

Legal Issues

15

(5)

Origins of Law

15

(1)

Recognizing Legal Issues

16

(1)

Obtaining Legal Advice

17

(1)

Exercising Professional Judgment

18

(1)

Personal Values Systems of Counselors

19

(1)

Summary and Key Points

20

(2)

Professional Identity of Counselors

22

(29)

Philosophy Underlying the Counseling Profession

23

(3)

The Wellness Model

23

(2)

A Developmental Perspective

25

(1)

Prevention and Early Intervention

25

(1)

Empowerment of Clients

26

(1)

Counseling Services

26

(1)

Counselor Preparation Programs

27

(1)

Credentialing

28

(6)

Degree

29

(1)

State License

29

(1)

State Agency Certification

30

(1)

National Voluntary Certification

31

(1)

Program Accreditation

32

(1)

Ethical Standards Related to Credentialing

33

(1)

Evolution of the Counseling Profession

34

(4)

Origins of the Profession

34

(1)

Counseling Psychology

34

(1)

School Counseling

35

(1)

Vocational Rehabilitation Counseling

35

(1)

Counseling as a New Profession

36

(1)

Steps in Becoming a Profession

37

(1)

Progress Toward Professionalization

38

(1)

Professional Associations of Counselors

38

(4)

American Counseling Association

38

(1)

ACA Divisions

39

(2)

ACA State Branches

41

(1)

Other Associations

41

(1)

Current Issues Related to Professional Identity

42

(3)

Specialties Versus One United Profession

42

(1)

Organizational Structure of ACA

43

(1)

CACREP Accreditation of Specialties

44

(1)

Varying State Licensure and Certification Requirements

44

(1)

Legal and Political Issues

45

(2)

Challenges to the Scope of Practice of Counselors

45

(1)

Job Classifications for Counselors

46

(1)

Third-Party Reimbursement

47

(1)

Identity and Professionalism

47

(2)

Counseling and Other Mental Health Professions

47

(1)

Pride in the Counseling Profession

48

(1)

Summary and Key Points

49

(2)

Professional Practice in a Multicultural Society

51

(16)

The Evolution of Ethical Considerations in Multicultural Counseling

51

(1)

Becoming a Multiculturally Competent Counselor

52

(6)

Self-Awareness

54

(1)

Knowledge

55

(1)

Skills

56

(2)

Gender Issues

58

(1)

Multiple Cultural Identities

58

(2)

Multicultural Supervision

60

(1)

Multiculturalism and Ethical Standards

61

(2)

Protecting Culturally Different Clients from Harm

63

(1)

Clients Who May Be Victims of Illegal Discrimination

63

(1)

Gay and Lesbian Clients and Family Law Issues

64

(1)

Cultural Issues in Crisis Counseling

65

(1)

Advocacy and Counseling

65

(1)

Summary and Key Points

66

(1)

SECTION II: ISSUES

Client Welfare and Informed Consent

67

(23)

Client Welfare

67

(10)

Counselor Needs and Values

68

(3)

Client Dependency

71

(1)

Involuntary or Mandated Clients

72

(1)

Counseling Techniques

73

(1)

Interruptions and Termination

74

(3)

Informed Consent

77

(11)

Contract Law

78

(1)

Informed Consent in Medicine

78

(2)

Informed Consent in Mental Health

80

(1)

Written Disclosure Statements

81

(7)

Summary and Key Points

88

(2)

Confidentiality and Privileged Communication

90

(29)

Confidentiality

91

(5)

Origins of Confidentiality

91

(1)

The Rationale for Confidentiality

92

(1)

Counselor Practices and Confidentiality

93

(2)

Ethical Standards and Confidentiality

95

(1)

Privileged Communication

96

(13)

Origins of Privileged Communication

97

(2)

The Rationale for Privileged Communication in Counseling Relationships

We think you will find it useful to know something about us, the coauthors of this text, and how we came to write this book. Currently, we are both professors in the counseling graduate program at the University of New Orleans. Ted Remley is an attorney with several years of legal experience and also has been a school and community college counselor. Barbara Herlihy has worked as a school counselor and a Licensed Professional Counselor in private practice, and is presently a counselor educator with a special interest in counselor ethics.Although we have been colleagues at the same institution only since 1997, we worked together over a period of many years, coauthoring articles and presenting numerous workshops on law and ethics in counseling. It was through these workshops that the idea for this book was born. The counselors who attended our workshops had much in common, although they practiced in a variety of settings with diverse clientele. They shared a deep and abiding commitment to the welfare of their clients, a desire to stay current with the ethical standards of their profession, and a need to feel competent in dealing with legal issues that arose in their work. At the same time, they sometimes felt overwhelmed by the complex and conflicting demands of situations they encountered. They frequently had difficulty distinguishing between legal and ethical issues. As we worked together in our presentations to these counselors, we found that we very rarely disagreed with each other, but we did bring differing perspectives. Barbara's ethics orientation led her to focus on client welfare and to emphasize protecting the client. Ted, with his legal orientation, helped us to consider another dimension, that of protecting the counselor. We believebothperspectives are important.Because both of us regularly teach graduate courses in professional orientation and ethics, we found ourselves discussing the need for a textbook written specifically forcounselorsthat would address ethical, legal, and professional issues. Thus, out of our backgrounds and shared interests was conceived a textbook that is unique in that it approaches each professional issue in counseling from both an ethical perspective and a legal viewpoint. We believe you will find this integrated approach particularly helpful as you grapple with the complexities inherent in the work of the counselor.We also believe that the best learning is active rather than passive and personalized rather than abstract. We hope that you will actively discuss and even argue the issues that are raised throughout the book and that you will work to develop your own personal stance on these issues. Typical situations and dilemmas that counseling practitioners encounter are presented in each chapter and are depicted in the CD of videotaped vignettes, available separately. We ask you to imagine that you are the counselor in each vignette and attend to what you would think, how you would feel, and what you might do in the situation. In these vignettes, as in real life, there is rarely a single right answer to the counselor's dilemma, so we hope that the vignettes will spark lively discussion.